Mooring Regulations Ordinance

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2 Town of Harrison Mooring Regulations Ordinance AMENDED JUNE 10, 2009 At The Annual Town Meeting SECTION 1: TITLE This Ordinance shall be known and cited as the Town of Harrison Mooring Regulations Ordinance. SECTION 2: AUTHORITY The Town of Harrison Mooring Regulations Ordinance is adopted pursuant to the enabling provisions of Article 8, Part 2, Section 1 of the Maine Constitution; the provisions of Title 30-A M.R.S.A. Section 3001 (Home Rule), and the provisions of the Planning and Land Use Regulations Act, Title 30-A M.R.S.A. Section 4312 et seq. and the provisions set in Title 38 M.R.S.A. Sections Definitions in Section 17 of the Harrison Shoreland Zoning Ordinance shall also apply to this Ordinance. Any term not defined in this Ordinance, or in Section 17, shall be deemed to have its commonly accepted meaning. The mooring of watercraft is considered an accommodation for a watercraft, float, float plane or Swim Area Floats and is regulated by this ordinance and the Harrison Shoreland Zoning Ordinance. SECTION 3: PURPOSE The standards are designed to insure that mooring installation does not impair the health, safety, and welfare or result in lower water quality, loss of aquatic habitat, interference with navigation, interference with a fairway, or infringe on the interest of property owners. SECTION 4: APPLICABILITY This rule allows the installation of moorings for the purpose of securing a watercraft, float, float plane or Swim Area Floats in a great pond. SECTION 5: CONFLICT AND SEVERABILITY A. Conflict with Other Ordinances 1

3 When a provision of this regulation conflicts with or is inconsistent with any other ordinances, regulations or statute, the more restrictive provision shall apply. B. Severability The invalidity of any part of this regulation shall not invalidate any other part of this regulation. SECTION 6: DEFINITIONS 1. Great Pond: Any inland body of water which in a natural state has a surface area in excess of 10 acres. 2. Mooring: Any device designed to float, and is attached to the anchoring device that secures a watercraft, float, or float plane to the bottom of a water body. 3. Mooring Location: A rectilinear area on a body of water in which the master or owner of a boat or vessel has been permitted to place a mooring. 4. Common Access Area: An area where multiple inland landowners share deeded rights to a great pond with a common access easement. 5. Fairway: Shall mean a navigable channel in a water body, which may, but need not, be marked with channel markers. 6. Watercraft: Shall mean any craft meeting the Federal or State definition of a watercraft. 7. Shorefront Mooring Zone: The area of water within one hundred (100) feet of the normal high-water line, or one third (1/3) the distance to the opposite normal highwater line, whichever is less. 8. Designated Mooring Zone: The area of water from 100 to 200 of the normal highwater line. 9. Right-of-Way: As used in this ordinance, refers to a deeded right-of-way of nonshorefront landowners over a designated portion of a shorefront property. 10. Float: A floating platform moored or anchored for use by swimmers or boats, that is not integrated and connected with a dock. SECTION 7: MOORING STANDARDS A. Shorefront Mooring Zone 2

4 Mooring Placement shall be the responsibility of the property owner subject to the following conditions: 1. A mooring may be placed by a shorefront property owner or another individual with the shorefront property owner s written permission. 2. A mooring shall be placed in the Shorefront Mooring Zone directly adjacent to the owner s property. 3. The mooring shall be restricted to water within 100 feet of the normal high-water line, or one third (1/3) the distance to the opposite normal high-water line, whichever is less. If a mooring is deemed to create a navigation hazard, it shall be removed or moved to a safe location specified by the Harbor Master. 4. If the property owner can prove he cannot establish a mooring area within 100 feet from the normal high-water line, the Harbor Master may allow one established as near to the 100 foot mark as possible provided that it does not create a hazard to navigation. 5. There shall be no more than one mooring for every 50 feet of shoreline of each lot. In cases where the lot has less than 50 feet of shoreline, the Harbor Master shall determine where a safe mooring can be installed. 6. A mooring shall not be allowed if watercraft attached to it will interfere with the watercraft attached to other lawful moorings and/or Swim Area Floats. 7. All moorings in the Shorefront Mooring Zone shall be permitted by the Town of Harrison without fee. 8. The number of moorings for existing campgrounds, summer children s camps, motels and marinas shall be one per 25 of shoreline frontage. 9. No mooring may be rented, sold, or transferred by the party receiving the permit. 10. The mooring of a watercraft, float, float plane or Swim Area is considered an accommodation for a watercraft, float, float plane or Swim Area and is regulated by this ordinance and the Harrison Shoreland Zoning Ordinance. B. Designated Mooring Zone Moorings in the Designated Mooring Zone will be made available for Harrison residents and non-resident taxpayers according to the following rules: 1. Availability: 3

5 a. Mooring privileges shall be granted upon an application to the Harbor Master on a first come-first serve basis. The Board of Selectmen will select the annual application date for mooring applications and advertise that date at least two weeks in advance. b. Waiting List: When the number of applications exceeds the number of available mooring spaces as determined by the Harbor Master, the Harbor Master shall maintain a waiting list of all applicants who have not been issued a mooring permit, which shall be available at the town office. The list shall be used by the Harbor Master in issuing mooring permits as mooring spaces become available, as the first person on the list will get the next available mooring space, except as set forth in below. c. Nonresidents: If a nonresident wishes to moor a watercraft, the principal use of which is noncommercial, and less than 10% of the moorings are currently assigned to persons fitting this description, the next mooring available shall be assigned to the first such person on the list. d. Renewals: Permits issued during a previous year may be renewed by the owner for the same location. Any mooring permit not renewed by the annual date set by the Selectmen will be canceled and the owner s name added to the waiting list. Notice of the loss of the permit shall be sent to the owner by certified mail. e. Abandonment: Any mooring which has not been occupied with a watercraft for one boating season will lose its permit, and the owners name added to the waiting list. Notice of the loss of the permit shall be sent to the owner by certified mail. If the mooring is not removed within 2 weeks (14 days), the Harbor Master may cause the mooring ball to be removed and a fee of $50.00 will be assessed to the owner as well as any incidental expenses. f. Common Access Areas: One mooring per 50 of shoreline frontage may be placed in the Shoreland Mooring Zone in front of the deeded access area. Additional moorings may be placed in the Designated Mooring Zone. All moorings will be placed in a location specified by the Harbor Master and shall be permitted by the Town of Harrison without fee. 2. Requirements: any applicant must meet the following requirements: a. Lake Access: Access over private property must be documented with written permission of the property owner or by the deed. Deeded lake access entitles the owner to apply for one mooring permit without fee. b. Parking: Parking a vehicle or a watercraft enabling access to a mooring on private property must be documented with written permission of the property owner. Parking in the public road at Zakelo Beach shall not be 4

6 allowed for permitted mooring owners, as it shall continue to be preserved for Harrison resident swimmers. 3. Permits: Moorings in this zone shall be allowed with an annual permit from the Harrison Harbor Master. 4. Fee: Annual moorings fees shall be paid at the time of obtaining a mooring permit. Mooring fees will be set each year by the Board of Selectmen. 5. No Transfer: No mooring may be rented, sold, or transferred by the party receiving the permit. 6. Forfeit: by Trespass: Any owner of a mooring permit who trespasses on private property to reach the mooring will automatically forfeit the mooring permit, and that owner may not reapply for a new mooring permit for the following two boating seasons. 7. Location Standards: In issuing mooring permits in the Designated Mooring Zone, the Harbor Master shall follow the following standards: a. There shall be no more than one mooring for every 80 feet of shoreline. b. The mooring location shall not materially adversely affect great pond vegetation, lake wildlife, or any natural aquatic habitat. c. The mooring location shall not interfere with other moorings, navigation, or a fairway. C. Mooring Specifications Moorings must conform to all the specifications and permits required by this Ordinance as well as all applicable Federal and State regulations and laws. This Ordinance shall not preclude those individuals who wish to anchor a boat temporarily for a period of time not to exceed twenty-four (24) hours within the 200 foot water safety zone. All anchored boats shall be anchored in the Designated Mooring Zone and maintain a dusk to dawn quiet. Those failing to do so will be in violation of M.R.S.A. Title 17-A sections 501 and 502, disturbing the peace, and will be asked to cease and desist by the Harbor Master. Any further complaint will result in a summons and be asked to leave the area. Specifications 1. All anchors shall be of stone, granite or cured reinforced concrete or mushroom anchor without dangerous protrusions or others as approved by the Harbor Master. 5

7 2. The anchor line between the anchor and the buoy shall be chain of a size to fit boat exposure and water depth as approved by the Harbor Master. The summer buoy, as set by the Maine Department of conservation, shall be colored white with a single BLUE horizontal band clearly visible above the water line. The buoy must be removed by December 1 st. 3. A winter buoy may be made of polyball, plastic bottles or plastic material. The buoy must be white, have the owner s name and permit number affixed to it. 4. The mooring permit holder must affix the assigned mooring permit number in at least three-inch letters on contrasting color. If the mooring does not display this and cannot be otherwise identified, it shall be considered in violation of this ordinance. If the number is not displayed within 10 days of a written warning by the Harbor Master, the mooring will be removed by the Harbor Master and a $50.00 penalty will be assessed before the mooring can be recovered. 5. Metal devices, engine blocks and other materials which may release contaminants shall not be used in construction of anchoring structures. MARINAS To enhance the safety of the residents and visitors to the Town of Harrison and its surrounding waters, the mooring of watercraft in marinas is regulated by this Ordinance and the Harrison Shoreland Zoning Ordinance. All moorings in the Shorefront Mooring Zone and in the Designated Mooring Zone adjacent to a marina will be placed in a location designated by the Harbor Master. SECTION 8: ENFORCEMENT AND VIOLATION A. Harbor Master The Board of Selectmen of Harrison shall appoint a Harbor Master to carry out and enforce provisions of the Harrison Mooring Regulations Ordinance. The Harbor Master shall be appointed for a term of no less than one (1) year by State law and shall be subject to all the duties and liabilities of that office as prescribed by municipal ordinances and regulations adopted by the Board of Selectmen. The Board of Selectmen may establish the Harbor Master s compensation and, for cause by them declared in writing, after due notice to the officer and hearing, if requested, remove the Harbor Master and appoint a replacement. 6

8 Given approval by the Harrison Board of Selectmen, the Harbor Master may appoint deputies who, under his direction, shall aid in enforcing and carrying out the rules and regulations of this Ordinance. The Harbor Master may refuse to assign mooring privileges to any applicant who has not paid any fee, charge for services, forfeiture, or penalty levied. B. VIOLATIONS The Harbor Master shall determine whether provisions of the Harrison Mooring Regulations Ordinance have been violated. The Harrison Board of Selectmen, together with the Harbor Master, shall assess the nature and severity of the violation and shall take the necessary course of corrective action, which may include assessment of a penalty or loss of mooring privileges. If an illegally placed mooring is not removed within 10 days of a warning by the Harbor Master by certified mail, the Harbor Master may remove the mooring and the owner will be responsible for all Expenses incurred. Any person who violates any provision of this Ordinance shall be subject to a civil penalty of not less than $ and not more than $2, for a first violation. The violator may be ordered to correct or abate the violation unless the court finds that such action will create a threat or hazard to public health or safety, substantial environmental damage, or substantial injustice. Each day that such a violation continues to exist shall be considered a separate violation. This Ordinance shall be enforced pursuant to Title 30-A, M.R.S.A. Section 4452 and the municipality shall be entitled to recover its costs, including attorney fees and expert witness fees if it prevails. The failure to obey the lawful order of a Harbor Master shall be punished as a Class E crime pursuant to Title 38 M.R.S.A. Section 13. C. APPEALS PROCESS AND PROCEDURES Appeals by any person aggrieved by a decision, act, or failure to act by the Harbor Master as it relates to the implementation and enforcement of the Ordinance shall be made to the Board of Appeals. In all cases, a person aggrieved by an order or decision made or failure to act by the Harbor Master shall file his appeal within fourteen (14) days of receipt of notice of the decision or order appealed. The appeal shall specifically describe the grounds for such action. The Administrative Assistant shall notify the Board of Selectmen, Town Manager, the Harbor Master and the Board of Appeals of the appeal. 7